(A) Purpose. The purpose of this chapter is to promote the general welfare and protect the general public through the reduction of juvenile violence within the city; to protect both real and personal property within the city from continuing juvenile mischief activity; to promote the safety and well-being of the city's youngest citizens, persons under the age of 18, whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; and to promote, foster, and strengthen parental responsibility for children.
(B) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) CURFEW HOURS. The hours between 1:00 a.m and 5:00 a.m. on Saturday or Sunday; after 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday, or before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
(2) EMERGENCY. Unforseen circumstances, or the status or condition resulting therefrom requiring immediate action to safeguard life, limb or property. The term includes, but is not limited to fires, natural disasters, automobile accidents, or other similar circumstances.
(3) ESTABLISHMENT. Any privately-owned place of business within the city operated for a profit, to which the public is invited, including, but not limited to any place of amusement or entertainment. With respect to such establishment, the term operator shall mean any person, and any firm, association, partnership (and the individual members or partners thereof) and/or any corporation (and the individual officers thereof) conducting or managing that establishment.
(4) MINOR. Any person under 18 years of age who has not been emancipated by Court order pursuant the laws of the State of Indiana.
(5) OFFICER. A police or other law enforcement officer charged with the duty of enforcing the laws of the State of Indiana and/or the ordinances of the City of Rushville.
(6) PERSON. An individual, not an association, corporation, or any other legal entity.
(7) PUBLIC PLACE. Any place to which the public or a substantial group of the public has access, including, but not limited to streets, highways, roads, sidewalks, alleys, avenues, parks, and or the common areas of schools, hospitals, apartment houses, office buildings, and shops.
(C) Offenses.
(1) It shall be unlawful for a minor during curfew hours to remain in or upon any public place within the city, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city, unless:
(a) The minor is accompanied by a parent or guardian; or
(b) The minor is involved in an emergency; or
(c) The minor is engaged in an employment activity, or is going to or returning home from such activity, without detour or stop; or
(d) The minor is on the sidewalk directly abutting a place where he or she resides with a parent or guardian; or
(e) The minor is attending any activity sponsored by a school, religious, or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning home from such activity without detour or stop; or
(f) The minor is on an errand at the direction of a parent or guardian and the minor has on his or her possession a writing signed by the parent or guardian containing the following information: the name, signature, address, and telephone number of the parent or guardian authorizing the errand, the name of the minor, the minor's destination, and the date and time that the minor is authorized to be engaged in the errand; or
(g) The minor is involved in interstate travel through, or beginning or terminating in the city; or
(h) The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly.
(2) It shall be unlawful for a minor's parent or guardian to knowingly permit, allow, or encourage such a minor to violate this section.
(3) It shall be unlawful for a person who is the owner or operator of a motor vehicle to knowingly permit, allow, or encourage a minor to violate this section.
(4) It shall be unlawful for the operator of an establishment, or any person who is an employee thereof, to knowingly permit, allow, or encourage a minor to remain upon the premises of the establishment during curfew hours. It shall be a defense to prosecution of this section that the operator or employee of an establishment promptly notified the Police Department that a minor was present at the establishment after curfew hours and refused to leave.
(5) It shall be unlawful for any person (including a minor) to give false name, address, or telephone number to any officer investigating a possible violation of this section.
(D) Enforcement.
(1) Before taking any enforcement action hereunder, an officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of a minor in a public place, motor vehicle, and/or establishment within the city during curfew hours is in violation of this section.
(2) If such investigation reveals that the presence of such minor is in violation, then the officer shall issue a written citation to the minor or offender, charging him or her with violation of this section. The officer shall provide a copy of the same to the City Attorney and the City Attorney may consider further civil prosecution.
(3) Further, as soon as practicable, the officer shall advise the minor's parent or guardian of the alleged violation. If a parent or guardian is not immediately available, the officer shall issue a written advisement to be mailed by the Police Department.
(Ord. 2000-11, passed 12-5-2000)